[Adopted 5-18-2023 by Ord. No. 2023-12]
There is hereby imposed a one-time charge for any new sewer
connection, as defined herein, to the Fort Lee publicly owned treatment
works and the system for collection and transmission of sewage originating
in the Borough of Fort Lee and those portions of the Borough of Palisades
Park served by said publicly owned treatment works, to represent a
fair payment toward the capital cost of said facilities.
The preliminary connection charge for each such connection shall
be collected by the Construction Official on behalf of the Borough
at the time of issuance of a construction permit as follows:
A.
The gallons per unit for the type of facility involved, as show on
Table A,[1] attached to this article and made a part hereof, shall
be multiplied by the number of the applicable units shown on said
table, as certified by the applicant for the construction permit;
[1]
Editor's Note: The ordinance adopting this article specified
that Table A is the current New Jersey Department of Environmental
Protection (NJDEP) regulation N.J.A.C. 7:14A-23.3, design flow calculations,
and that the table for future years may be set by resolution if the
NJDEP regulation is revised.
B.
The product thereof shall be multiplied by $7.65/gallon of new (additional
flow) (initial charge).
The preliminary connection charge shall be the final connection
charge, unless the owner of the property shall demonstrate to the
satisfaction of the Construction Official, or the Construction Official
shall determine, that the number of applicable units in the facility,
as built, shall differ from the number of said units originally certified
by the applicant for the purposes of the preliminary connection charge,
in which case the final connection charge shall be recomputed in accordance
with the revised number of units, and the excess of the final connection
charge over the preliminary connection charge shall be paid to the
Borough within 30 days of such determination, or the excess of the
preliminary connection charge over the final connection charge shall
be refunded by the Borough within 30 days or as soon thereafter as
may be practicable.
The connection charge computed as set forth in this article
shall be computed for each calendar year. Any connection charges computed
prior to the date of such annual redetermination shall be recomputed
thereafter, and the excess of the recomputed connection charge over
the previously computed connection charge shall be paid to the Borough
within 30 days of such determination, or the excess of the previously
computed connection charge over the recomputed connection charge shall
be refunded by the Borough within 30 days or as soon thereafter as
may be practicable.
The connection charge to be in effect for connections made during
the calendar year 2023, and for connections made and to be made during
the calendar year 2024, shall be set by the Borough by resolutions
to be adopted concurrently with this article. The connection charge
for future years shall be set annually by resolution.
For purposes of the charges imposed by and pursuant to this
chapter, "new connections to the sewage treatment system" shall be
deemed to mean and include all connections made to properties and
facilities which were not connected to said system on January 1, 2023,
and also all changes of use of existing properties which result, based
upon the application of the information contained in Table A,[1] in an increased flow from said facility; provided, however,
that for such a change of use, a connection charge, computed as hereinabove
set forth, shall be applied only to the extent of the estimated increased
flow from said facility.
[1]
Editor’s Note: The ordinance adopting this article specified
that Table A is the current New Jersey Department of Environmental
Protection (NJDEP) regulation N.J.A.C. 7:14A-23.3, design flow calculations,
and that the table for future years may be set by resolution if the
NJDEP regulation is revised.
This article shall not apply to properties that have been granted
a final approval by the Fort Lee Planning Board or Zoning Board of
Adjustment as of June 1, 2023.
All other parts, portions and provisions of the Code of the
Borough of Fort Lee be and the same are hereby ratified and confirmed,
except where inconsistent with the terms hereof. In the event of any
such inconsistency, the terms of this article shall be deemed to govern.
If any section or provision of this article shall be held invalid
in any court of competent jurisdiction, the same shall not affect
the other sections or provisions of this article, except so far as
the section or provision so declared invalid shall be inseparable
from the remainder of any portion thereof.
All ordinances or parts of ordinance inconsistent with this
article are hereby repealed to the extent of such inconsistency.
This article shall take effect on June 1, 2023.
